There are plenty of factors that go into why you may choose to file for divorce. It requires a lot of thought and decision-making to determine how it impacts your life presently and in the future. Hiring a divorce attorney in New York should be one of the first steps you take to ensure no stone is unturned. You have to decide whether you will need a contested or uncontested divorce, and here are the differences you should understand.
Why You May Choose To Go Through A Contested Divorce
When two spouses can’t agree on property division, asset division, custody arrangements, or any other factor, a contested divorce is the likely option. A contested divorce can be compared to a litigation case where witnesses may be called, discovery processes are followed, evidence is introduced, and more. You may choose a contested divorce if you believe your voice is not being heard and your rights have been infringed on. In a contested divorce, you have the opportunity to voice your experiences to the judge so they can hear your side of the story.
A contested divorce is also beneficial if your spouse has behavioral issues, personality disorders, or combative behavior. The nature of a contested divorce will ensure the divorce terms are legally enforceable and the other party remains compliant. Finally, an appeal is possible in a contested divorce, which could be important if there are areas in which you don’t agree with the judge.
Factors To Consider In A Contested Divorce
While a contested divorce may be the best option based on your situation, you should know what you are getting into beforehand. The first factor is the cost, which can exceed $10,000 or more depending on whether litigation is required, court fees, and how complex your situation is. Contested divorces also tend to be stressful and lengthy, which can impact your family situation even more. You must be prepared for a lengthy process of up to a year or more if you choose a contested divorce.
Benefits Of Choosing An Uncontested Divorce
An uncontested divorce is ideal when both parties can agree on specific terms without involving the courts. It’s a much more time-efficient process when parties agree on property and asset division, child custody, debts, and other factors. An uncontested divorce is also less costly since it doesn’t take as much time and can be more than half the cost cheaper than a contested divorce. Since the nature of divorce is challenging enough, going through the process quickly is often better for a person’s emotional and mental health since it doesn’t drag on for months or longer.
Drawbacks Of Uncontested Divorces
Some people regret uncontested divorces when they make quick decisions to agree on certain factors they might not agree with completely. It’s important to slow down your thought process and think about how your decision now impacts your future so you don’t have regrets. If your spouse is more knowledgeable or assertive than you, you may end up agreeing to terms that don’t favor you. When it comes to children involved in an uncontested divorce, talking to a divorce lawyer in New York is essential so you can end up with a fair situation.
Is A Contested Or Uncontested Divorce The Better Option?
Individual divorce cases are different and involve multiple complexities. There isn’t a universal correct answer when choosing between a contested or uncontested divorce. The best thing to do is hire a divorce attorney in New York and discuss your situation with them. After they weigh all the factors surrounding your situation, they will recommend the best option for you based on your needs and desires.
Find The Right Attorney Who Understands Your Goals
When choosing a divorce lawyer in New York, you want to make sure they are in alignment with your goals. If child custody is the most important factor and you aren’t as worried about other assets, that’s what their focus should be on. If you want to take your divorce to litigation to ensure you receive every benefit you’re entitled to, you want to hire someone who is willing to take it that far.
Never Settle Or Rush To Hire A Divorce Attorney
Some divorce attorneys will pressure you to hire them right away. It might be urgent that you hire someone quickly in certain circumstances, but it isn’t always true. Your divorce lawyer in New York will play a major role in how your future is shaped. It’s not worth rushing into a decision just to get it over with. Take your time and hire the right one so the divorce process is less stressful and your future is more favorable.
Take The Divorce Attorney Interview Process Seriously
You should examine every aspect of every divorce lawyer you interview. Consider their experience and qualifications as well as their personality and responsiveness. It’s ideal to interview at least a few attorneys so you can compare their characteristics. Ask thoughtful questions to each and evaluate the thoroughness of every answer.
Gordon & Gordon has many years of experience handling contested and uncontested divorces. No matter how simple or complex your divorce proceedings may be, our team is equipped to handle them. Our main goal is to ensure our clients can move on from their divorce as stress-free as possible so they can enjoy the rest of their lives. When you’re searching for a divorce attorney you can trust, contact us to schedule a consultation and learn about our firm.